Reader’s Question:

A friend of mine was charged with DUI here in Evansville, Indiana. She told me that her DUI lawyer has several defenses that will be brought out on her trial. She said that there are factors other than alcohol that can cause poor performance on DUI field sobriety tests. What are these factors that can result to unfair test?

Geneva

Evansville, IN

Your friend seems to have a good DUI lawyer. This kind of lawyer knows that DUI convictions are not hopeless and it can be realistic to fight and win against a DUI charge in Evansville, Indiana. Pleading guilty to the DUI charge is not the answer in most circumstances.

Even if your friend performed less than perfectly on the DUI field sobriety tests (FST), this may be attributable to unfair test conditions such as having a distraction of flashing lights and traffic whizzing by, the test may have occurred on uneven surfaces or slippery terrain, the test area being too dark or amidst glaring lights, cold temperatures, rain or wind, unsuitable footwear-such as boots, high heels or dress shoes or nervousness, anxiety and/or frustration.

Under these conditions, most people who had nothing to drink would still struggle with the FST’s. Even if your friend struggled on the roadside tests, this may well be attributable to the setting and circumstances rather than attributable to her being intoxicated. This is often enough, when combined with a skilled DUI defense lawyer to raise reasonable doubt in jurors’ minds as to whether or not she was indeed intoxicated.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer